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Constitution of Rhodesia
CHAPTER I HEAD OF STATE 1. There shall be a President in and over Rhodesia who shall be Commander-in-Chief of the Armed Forces of Rhodesia. 2. The President shall have such powers and duties as are conferred or imposed upon him by or under this Constitution or any other law of the Legislature. 3. (1) The President shall be appointed by the Executive Council. (2) A person holding public office who is appointed as the President shall vacate such public office with effect from the date on which he is so appointed. 4. (1) The President shall hold office for such period not exceeding five years as may be fixed by the Executive Council on his appointment and shall, on the termination of his period of office, be eligible for reappointment: Provided that a President who has held office for two terms shall not be eligible for reappointment for a third term of office. (2) The President may resign his office by lodging his resignation in writing with the Prime Minister. (3) The President shall cease to hold office on a resolution passed by two-thirds of the total membership of the House of Assembly after a report prepared by a committee of that House appointed at the request of the Prime Minister has recommended his removal on the grounds of misconduct or inability to discharge efficiently the functions of his office. (4) There shall be no debate on a motion moved in the House of Assembly in pursuance of the provisions of subsection (3). 5. (1) During any period when the office of the President is vacant or the President is absent from Rhodesia or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Executive Council may appoint. (2) Any person appointed in terms of subsection (1) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution. (3) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from Rhodesia or as unable to perform the functions of the office of the President at any time when there is a subsisting appointment of a deputy under section six. 6. (1) Whenever the President– (a) has occasion to be absent from the seat of Government but not from Rhodesia; or (b) has occasion to be absent from Rhodesia for a period which he has reason to believe will not exceed one month; or © is suffering from an illness which he has reason to believe will be be of short duration; he may, by instrument under the Public Seal of Rhodesia, appoint any person in Rhodesia to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument. (2) The power and authority of the President shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him: Provided that the question whether or not a deputy has in any matter conformed to or observed such instructions shall not be inquired into in any court. (3) A person appointed as a deputy under this section shall hold the appointment for such period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the President. 7. Before entering on any of the duties of his office the President or Acting President, as the case may be, shall take the oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule, which oaths shall be administered by the Chief Justice or another judge of the High Court. 8. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the President or Acting President or deputy shall be guilty of an offence and liable to a fine not exceeding one thousand pounds or to imprisonment for a period not exceeding five years. 9. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the President and any Acting President such salary as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law. (2) The salary payable to the President or an Acting President shall not be reduced during his continuance in office. CHAPTER II PART I THE LEGISLATURE 10. The legislative power of Rhodesia shall be vested in the Legislature which shall consist of the President and the Parliament. 11. The Parliament of Rhodesia shall consist of a Senate and a House of Assembly. 12. A law of the Legislature shall, subject to the other provisions of this Constitution, make provision for the appointment of Senators and the election of members of the House of Assembly for the purposes of this Constitution. PART II THE SENATE 13. (1) The Senate shall consist of such persons as are qualified for appointment as Senators and are duly appointed thereto in accordance with the Electoral Law. (2) There shall be twenty-three Senators, of whom– (a) nine shall be appointed by the President acting in accordance with the advice of the Prime Minister; (b) five shall be appointed by the President acting in accordance with the advice of the Leader of the Opposition; and © nine shall be appointed by the President in his discretion from outstanding persons from economic or social or community organizations and other major fields of endeavour. (3) The qualifications and disqualifications of candidates for appointment in terms of subsection (2) and the procedure for the filling of vacancies shall be as prescribed in the Electoral Law. 14. The Senate may from time to time establish standing committees as it may deem fit, and any Minister or deputy of a Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report. 15. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session. 16.